The aftermath of the global financial crisis and the increased tightening of credit since the advent of the Banking Royal Commission has seen significant growth in the establishment of private debt funds. The quality of the underlying security is as high as it has ever been for non-bank lenders, given the funding gap left by the banks.
Our specialist funds management lawyers have the right experience and knowledge to establish a debt fund and get it into the investment marketplace in good time.
Lead adviser on establishing approximately 30 managed investment schemes each year, including debt funds. OIG has more than $35 billion of fund assets under management.
Advising Centuria on structuring and establishing debt funds (both single and multi-loan funds), including establishing the investment and finance vehicles, assisting with the capital raise, negotiating the finance documentation, and completing legal due diligence.
Lead adviser to MARQ, a specialist wholesale fund manager, including establishing several wholesale debt funds and advising on debt finance documents MARQ has entered as trustee of funds (as both lender and borrower).
Lead adviser to the fund's trustee, MARQ Private Funds, on establishing the fund, preparing the information memorandum, drafting a bespoke loan agreement, preparing a loans manual, and conducting information memorandum verification. The fund was established as an innovative source of lending to a highly regulated retail sector.
Advising on establishing multiple funds, including debt funds, and acting as independent legal counsel for preparing loan and security documents for debt funds.
Advising White & Partners (part of the Ray White group of companies) on establishing more than 10 debt funds each year, with a combined value of over $150 million, including structuring advice to the trustee, establishing the relevant structure (often a head fund/sub-fund), and advising on the disclosure documents.
Lead adviser to ASCF, a specialist debt fund manager, in structuring and establishing its funds management business, including establishing multiple retail and wholesale managed funds offering investment pooled mortgaged and fixed investment products.
Lead adviser to the trustee of this wholesale mortgage fund, a hybrid structure offering investment into both pooled and contributory mortgages.
Acting for the trustee of this mortgage fund promoted by the HS Consortium Group, including establishing the fund, settling the information memorandum, conducting detailed verification prior to its issue and advising the trustee.
Lead advisers to Multiple Capital which establishes special purpose note issuing vehicles for the purpose of raising equity capital to on-lend to property and development opportunities.
Advising Prime Value Asset Management on establishing this mortgage fund offering secured contributory mortgage investment opportunities.
Acting for the investment manager of this novel registered fund (which allows investors to select, via an online platform, specific business loans they wish to fund), including reviewing the trust's product disclosure statement, advising the investment manager, and securing the manager's AFS licence.
Advising on the launch and ASX listing of the $300 million Gryphon Capital Income Trust, the first listed fund investing exclusively in Australian RMBS and ABS securities, and advising on the payment of the offer costs and structuring a manager loan.
Assisting Forza George Street Fund in securing a $16 million facility with US PE group Quadrant for the purchase of 420 George Street, Brisbane.
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’
Chambers Asia Pacific 2022
Recognised for Real Property Law in Best Lawyers in Australia
We are ranked as leaders in our focus industry sectors – funds management and real estate
Partner Sean McMahon is recognised for Investment Funds and Funds Management in Best Lawyers in Australia
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Recognised in Best Lawyers in Australia for Corporate Law
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’
Chambers Asia Pacific Guide 2022